This is the next post in our series on the handling of domestic violence charges in Boston, Massachusetts. In the last article, we discussed the process that one would face after being arrested for domestic violence. It is important to understand this process because there are many steps involved between first getting arrested and the trial. Due to the complicated nature of court proceedings, retaining an attorney to handle this matter is highly recommended. In this article, we will be discussing the process of claiming self-defense in such matters. If you are facing a domestic violence charge then contact our office today to speak with a lawyer.
Boston spouses may use reasonable force to defend themselves against domestic violence
There are certain circumstances in which one may defend themselves against the aggression of others. This is true even if the aggressor is your significant other. Under Massachusetts law, an individual is allowed to defend themselves if they reasonably believe that they are under attack or are about to be attacked. In such a circumstance, the individual may be able to use a reasonable amount of force to defend themselves. This means that one can defend themselves but only if they use no more force than is necessary to stop the attack or to escape the situation. The best way to understand what is “reasonable” is to consider the force being used to attack you. A reasonable amount of force is one which is equal to or less than what is being used against you. Should you use an excessive amount of force, you may be found to have not acted in self-defense.
Boston residents can possibly be acquitted of domestic violence if they can establish that they were acting in self-defense. There are several different methods in which your attorney can potentially assist in proving that you acted in self-defense. Counsel might cross-examine the alleged victim, and any other witnesses, on their version of the events. Additionally, your lawyer could introduce evidence that contradicts the alleged victim’s story, such as a photo of you with a black eye. Self-defense is a claim that is dependent on the specific facts of the case and it would be in your favor to speak with a lawyer.
Boston attorneys can help individuals charged with domestic violence in determining if they can claim self-defense
A legitimate self-defense claim is completely situation dependent in a domestic violence case. Even if you believe that you acted in a reasonable manner, it does not necessarily mean that you would be viewed as acting in self-defense. Contacting an attorney is in your best interests. Our lawyers are experienced in these matters and we will aggressively represent you. Contact our firm today to schedule an initial consultation. We also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Worcester, Brockton, Quincy, and Lynn.